Loading...
HomeMy WebLinkAboutCC Resolution 9707 (FPPC Disclosure Categories)RESOLUTION NO. 9707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING RESOLUTION NOS. 5922, 8746 AND 9164 AND ADOPTING CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Sections 81000, et se4., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act. Government Code Sections 11370, et sea.; and WHEREAS, By adoption of Resolution No. 5922, on June 16, 1980 (repealed by adoption of Resolution No. 8746 on September 21, 1992) and by adoption of Resolution No. 9164 on June 20, 1994, the City Council adopted a Conflict of Interest Code in compliance with Government Code section 87300 and section 18730 of the Regulations of the Fair Political Practices Commission; and WHEREAS, Government Code section 87306.5, added in 1990, now requires that cities review their Conflict of Interest codes by July 1 of every even numbered year, and to make changes required to keep the local code in compliance with state law no later than October 1 of the same year; and WHEREAS, The City has reviewed its conflict of interest code, and has determined that when amended by the adoption of this resolution, the City's Conflict of Interest Code will continue to comply with state law; and WHEREAS, this body has determined that the attached Appendices accurately set forth those positions which should be designated (Appendix A - Designated Employees) and the categories of financial interest (Appendix B - Disclosure Categories) which should be made reportable, and includes a copy of the model Conflict of Interest Code (Appendix C - Model Code), itself. YR. 1� 6^ 1 t� A I NOW THEREFORE BE IT RESOLVED THAT: 1. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Codes of the following departments and agencies: Administrative Services City Attorney City Clerk City Manager Fire Library Personnel Planning Police Public Works Recreation Redevelopment Geotechnical Review Board Design Review Board Cultural Affairs Commission Consultants 2. Persons holding designated positions shall file statements of economic interests pursuant to Section 4 (C) of the Conflict of Interest Code. Pursuant to said Section 4 (C) of the Code, all designated employees shall file their Statements with the City Clerk to whom the City Council hereby delegates the authority to carry out the duties of filing officer. 3. Be it further resolved that consistent with the provisions of Government Code Section 87303, this Code shall be effective September 16, 1996. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Mondav, the 16th day of September. 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller Oa Ax L JEANNE M. LEONCINI, City Clerk wpwin\city-clk\agenda\fppcph.res Department Administrative Services City Attorney City Clerk City Manager APPENDIX A Designated EmDlovees Position Administrative Services Supervisor General Services Aide II Assistant City Attorney Deputy City Attorney City Clerk Deputy City Clerk Assistant City Manager Assistant to City Manager Administrative Analyst Secretary to City Manager Fire Fire Chief Fire Division Chief Fire Marshal Deputy Fire Marshal Fire Training Officer Fire Inspector Library/Cultural Affairs Personnel Library Director Librarian III Cultural Affairs Supervisor Personnel Director Planning Planning Director Principal Planner Senior Planner Associate Planner Assistant Planner Planning Technician Code Enforcement Officer Assistant Code Enforcement Officer Police Police Chief Police Commander Police Civilian Supervisor (Records) Police Civilian Supervisor (Dispatch) Police Training Officer 1 Disclosure Cateaory 1,2 3d 1,2 1,2 3b, 3g 3b, 3g 1,2 1,2 1,2 1,2 2, 3d, 3g 2, 3d, 3g 2, 3d, 3e, 3g 2, 3d, 3e, 3g 3d, 3g 2, 3d, 3e 3d, 3g 3d, 3g 3d, 3g 3a, 3g 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 3d, 3e, 3f, 3g 3d, 3d, 3f, 3g 3d, 3e, 3f, 3g 3d, 3e, 3f, 3g 3f, 3g Redevelopment Assistant Executive Director/ 1,2 Economic Development Director Senior Planner 1,2 Design Review Board 1,2 Geotechnical Review Board 1,2 Cultural Affairs Commission 1,2 "Consultants 1,2 * * With respect to Consultants the relevant department head may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The department head shall forward a copy of this determination to the City Council. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. wpwin\city-clk\fppc\appendix.a 011 Disclosure Department Position Cateaory Public Works Public Works Director/City Engineer 1, 2 Assistant Public Works Director 1, 2 Associate Traffic Engineer 1, 2 Administrative Services Supervisor 1, 2 Engineer I 3g Engineering Technician 3g Parks Superintendent 3d, 3e Supervising Groundsworker 3d, 3e Senior Civil Engineer (Engineering) 1, 2 Senior Civil Engineer (Land Development) 1, 2 Supervising Inspector (Building) 3e Building Inspector 1/II 3e Shop & Equipment Supervisor 3d Street Maintenance Supervisor 1, 2 Assistant Maintenance Supervisor 1, 2 Sewer Maintenance Supervisor 3e Supervising Sewer Maintenance Worker 3e Facility Repair Supervisor 1, 2 Recreation Recreation Director 3f, 3g Recreation Supervisor 3f, 3g Child Care Program Manager 3f, 3g Redevelopment Assistant Executive Director/ 1,2 Economic Development Director Senior Planner 1,2 Design Review Board 1,2 Geotechnical Review Board 1,2 Cultural Affairs Commission 1,2 "Consultants 1,2 * * With respect to Consultants the relevant department head may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The department head shall forward a copy of this determination to the City Council. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. wpwin\city-clk\fppc\appendix.a 011 APPENDIX B Disclosure Cateaories Cateaory 1: All investments and sources of income. Cateaory 2: All interests in real property. Cateaory 3: Investments in business entities and sources of income of the type which have or foreseeably could contract with City to provide services, supplies, materials, machinery or equipment; or which could be enhanced when a designated employee makes or participates in making a decision. a. Personnel agencies or personnel consultants; b. Book Publishing Co. and Marin County newspapers; c. Financial institutions; d. Department record forms, communications equipment, safety, firefighting or fire detection equipment, automotive or rolling stock sales, automotive parts or equipment, general departmental supplies or equipment; e. Building supplies or building, contractor or construction firms; f. Travel agencies; recreation and athletic supplies; building maintenance and cleaning supplies; and g. Book, software, and audio-visual publishers and distributors; computer equipment manufacturers and distributors. NOTE: PENALTY FOR LATE FILING AS REQUIRED UNDER THE POLITICAL REFORM ACT OF 1974, AS AMENDED, SECTION 91013, IF ANY PERSON FILES AN ORIGINAL STATEMENT AFTER ANY DEADLINE, HE SHALL BE LIABLE IN THE AMOUNT OF (510.00) PER DAY AFTER THE DEADLINE UNTIL THE STATEMENT IS FILED UP TO A MAXIMUM OF (5100.00), WHICHEVER IS GREATER. wpwin\fppc\appendix.b Appendix C MODEL CODE (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Com- mission (2 Cal. Adm. Code Sections 18100 et seg.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Desiqnated Employees. The persons holding positions listed in the Appendix are designated employees (3) Section 3. Disclosure Cateqories. This Code does not establish any disclosure obliga- tion for those designated employees who are also specified in Government Code Section 87200 if they bre designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of thelpPolitical Reform Act, Government Code Sections 87200, et M.— Such persons are covered by this Code for disqualification pur- poses only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure cate- gories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filinq. All designated employees shall file statements of economic interests with the code reviewing body. l/ Designated employees who are required to file statements of economic interests under any other agency's Conflict of Interest Code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests Lo cover reportable interests in both jurisdictions, and file ccpies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each COPY of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. - 1 - Appendix C, cont'd. (5) Section 5. Statements of Economic Interests: Time of ii)lnti. (A) Initial Statements. All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body. shall file statements within thirty days after the effective date of this Code. Thereafter. each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (B) Assuming Office Statements. (1) All persons assuming designated positions after the effective date of this Code Which are civil service or merit system positions shall file statements within thirty days after assuming the designated positions. (11) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code shall file statements within ten days after assuming office, or if subject to State Senate confirmation, ten days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination. (C) Contents of Annual Statements. Annual state- ments shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office, whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose eportaole investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. -z- Appendix , cont'd. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following Information: (A) Investment and Real Property Disclosure. When an investment or interest in real property2/ is required to be reported,3/ the statement shall contain the following: (1) A statement of the nature of the Invest- ment or interest; (ii) The name of the business entity in which each investment is held, and a general descrip- tion of the business activity in which the business entity is engaged; (iii) The address or other precise location of the real property; (iv) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (8) Personal Income Disclosure. When personal income is required to be reported.4/ the statement will contain: 2/ For the purpose of disclosure only (not dis- qualification), an interest in real property does not include the principal residence of the filer. 3/ Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 4/ A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. - 3 - Appendix C, cont'd. (i) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. (ii) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); (iii) A description of the consideration, if any, for which the income was received; (iv) In the case of a gift, the name, address and business activity of the donor and any in- termediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received. (v) In the case of a loan, the annual interest rate and the security, if any, given for the loan. (c) Business Entity Income Disclosure. When Income of a business entity, including income of a sole proprietorship, is required to be reported,5/ the statement shall contain: (i) The name, address, and a general descrip- tion of the business activity of the business entity; (ii) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in 5/ Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. - 4 - Appendix C, cont'd. Section 7, (D), cont. which he or she is a director, officer, partner, trustee. employee, or in which he or she holds any position of manage- ment, a description of the business activity in which the business entity is engaged. and the designated employee's Position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement. if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section B. Disqualification. No designated employee shall make, participate in making, or use his or her official positions to influence the making of any governmental decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on: (A) Any business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars ($1,000); (B) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000); (C) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; or (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she hs-. a financial interest in it, tLe determination not to - 5 - �ffendix C, cont'd. act must be accompanied by disclosure of the financial in- terest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and i0 the case of other designated employees, this determination and disclosure shall be made in writing to the designated em- ployee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (11) Section 11. Violations. This Code has the force and effect of law. Desig- nated employees violating any provision of this Code are sub- ject to the administrative, criminal and civil sanctions pro- vided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section 91003. - 6 -